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News Articles

26
07/01/2004
Group Challenges Road-Hunting Law

A circuit judge was told that a state road-hunting law should be overturned because of changes made by the 2003 Legislature.

A lawyer for two ranch couples from Tripp and Jerauld counties argued that the law, which allows hunters to shoot at game birds flushed from roads or ditches onto or over private property, encroaches on landowners' rights.

Amanda Koehler of the Mountain States Legal Foundation told Circuit Judge Kathleen Trandahl of Winner that the liberalized law is unconstitutional because it makes private property available to the public without paying landowners for that use.

Deputy Attorney General Craig Eichstadt says the lawsuit by Bob and Judith Benson of Winner and Jeff and Tricia Messmer of Wessington Springs should be dismissed. The state lawyer says the new road-hunting law does not take private property for public use because wildlife belongs to the state.

Judge Trandahl says she will issue a written ruling in late summer.


© 2004 Associated Press.

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